SITUATION OF THE ABSORBING COMPANY - TRANSFER UPON AGREEMENT OF THE LOSSES CARRY-BACK OF THE ABSORBED COMPANY

The Tax Authorities have been able to refuse the granting of the agreement provided by article no.209-II of the French General Tax Code without making any mistake of law or assessment, insofar as the merger of two companies running private hospitals, intervened after the termination of the business and the transfer of the beds to the absorbing company, constituted a simple reorganisation of the absorbing company, whereas the merger agreement acted retroactively at the date of the transfer of the beds and that investments have been realised by the absorbing company (CAE Lyon, January 17, 1996, no.94-600, 4th ch., SA Polyclinique "La Pergola"; RJF 5/96 no.641).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be brought about your specific circumstances.

For additional information contact Claire Acard on 33/(1)/55 61 10 10, Lionel Benant on 33/78.63.72.35, Joel Fischer on 33/78.63.72.58, or Laurent Borey on 33/(1) 55 61 10 10 or enter text search: "ARCHIBALD ANDERSEN Profile".

The members of ARCHIBALD ANDERSEN Association d'Avocats (S.G..Archibald and Arthur Andersen International) are registered with the Hauts-de-Seine Bar and the Lyon Bar.